Probate in Alberta: What is probate, how much does it cost and how do I plan for it?

When someone you love dies, “admin” is the last thing you want on your plate. This guide is meant to be steady, practical, and very Alberta-specific so you know where to start and how to handle real estate without stepping into legal quicksand.

This is general information, not legal advice. 

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First, a plain-English definition: what is probate?

Probate is the court process that confirms:

• the will is valid (if there is one), and

• the personal representative (executor) has the authority to act for the estate.

If there is no will, the court process is similar, but the grant is typically a grant of administration (often called “letters of administration”).

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Where to start: choose your path

Path 1: There is a will

Start here:

1. Locate the most recent original will and identify who is named as personal representative/executor. (If you are not the named person, don’t start signing things “for the estate.”)

2. Make a basic inventory list (you can refine later): bank accounts, investments, pensions, insurance, vehicles, valuables, and real estate. Executors are expected to locate assets and liabilities.

3. Confirm what needs a grant: Some assets move outside the estate (example: certain accounts with named beneficiaries, jointly held assets). Estate lawyers often help you determine what requires administration.

4. Decide who’s helping you (see “Professionals” below). In Alberta, probate can be DIY, but it’s paperwork-heavy and mistakes can create delays.

If the will might be contested: Be cautious about listing or distributing assets too quickly. Will challenges can be complex, and there are time limits to start certain claims (Kantor LLP notes six months from the date of the grant of probate for a will challenge).

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Path 2: There is no will

This is called intestacy. You still need court authority before you can sell or transfer many estate assets, including real estate. Kahane Law notes that when someone dies without a will, court permission is still needed to sell the home, and the process is similar to probate (but with different forms and terminology).

Start here:

1. Identify the most appropriate person to apply to become the administrator (often a spouse, adult child, or another eligible relative).

2. Gather core documents: death certificate, property tax info, land title, mortgage statements, ID, and a list of known assets and debts.

3. Speak with an Alberta probate lawyer early if:

   • there are minor children, dependants, or a blended family

   • someone may dispute who should be administrator

   • there are strained relationships or unclear finances

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How long does probate take in Alberta?

It depends on complexity and how quickly info can be gathered.

What you’ll commonly see:

• Simple estates can move quickly with Alberta’s newer digital probate processes, with some firms noting timelines as short as about 10 days for simple files once properly submitted.

• Many estates take weeks to a few months, especially if documents, valuations, or creditor issues slow things down.

• If real estate needs to be sold quickly, Alberta has an option called a limited grant of probate that can allow the sale of specific assets (often the home) sooner. Kahane Law notes limited grants can be issued in weeks (often cited around 2 to 3 weeks) versus a typical timeline of 3 to 4 months for an uncomplicated full grant.

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How much does probate cost in Alberta?

1) Court fees (the probate filing fee)

Alberta’s court probate fees are flat and capped.

Issuing a grant of probate/administration (net value of property in Alberta):

• $10,000 or less: $35

• $10,000 to $25,000: $135

• $25,000 to $125,000: $275

• $125,000 to $250,000: $400

• Over $250,000: $525 (maximum)

There can also be other court fees, like opening a court file for an estate ($300), depending on what’s required.

2) “Real world” costs beyond the court fee

Even when the court fee is low, estates often still pay for:

• probate legal fees (varies: flat fee, hourly, or value-based)

• accounting/tax filing

• appraisals (personal property, art, jewelry)

• home costs while vacant: insurance, utilities, condo fees, snow removal, repairs

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Do all law firms do probate law?

No. Many firms do, but some focus heavily on probate and estate administration, while others focus more on litigation (disputes). Kantor LLP, for example, positions itself as having a practice focused on estate administration and estate litigation, including preparing various types of grants and advising personal representatives.

The practical takeaway: choose a probate lawyer who does this regularly, especially if there is real estate, family complexity, or any chance of conflict.

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Why do I need a probate lawyer?

You might not “need” one for every file, but here’s when it’s smart (and often cheaper in the long run):

You should strongly consider a probate lawyer if:

• there is real estate that must be sold or transferred

• the will is unclear, homemade, missing, or could be challenged

• there are dependants or possible support claims

• there is conflict between beneficiaries

• there are business assets, rental properties, out of province assets, or significant debts

Estate counsel can also help protect the personal representative from personal liability by ensuring the right steps are followed, and by seeking court direction when needed.

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The professionals you can hire (and what each one does)

Probate lawyer (estate administration)

Helps obtain the grant, advises the personal representative, guides the process, and reduces risk.

Estate litigation lawyer

If there is a dispute: will challenges, undue influence allegations, technical validity issues, dependant support claims, removing a personal representative, and so on. Kantor LLP outlines common grounds and who can challenge a will.

Probate coach or probate assistant service

In Alberta, services like By-Your-Side Probate Services (Probate Coach) describe preparing grant applications and guiding executors step by step, including helping you work with banks, Land Titles, and registries after the grant is issued.

Real estate lawyer

Handles the legal conveyance of the property sale or transfer (closing, trust conditions, payout statements, title changes, etc.). This is different from the probate grant work, although some firms do both.

Accountant

Final tax return, potential estate returns, rental income reporting, clearance planning, and capital gains issues.

Realtor (estate experienced)

Manages valuation, preparation, marketing, negotiations, and buyer conditions, and helps you avoid the “vacant home spiral” (deferred maintenance + rising carrying costs + stress). More on timing below.

Other helpful support

• Certified appraisers (for contents, collections, jewelry, antiques)

• Professional organizers and estate cleanout teams

• Grief counsellors or coaches (because the emotional load is real, and decision fatigue is not a character flaw)

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Real estate after a death: the big question

When can I sell real estate of a deceased parent or spouse?

From a strict legal perspective, you generally need court authority first: a grant of probate (with will) or a grant of administration (no will). Kahane Law is explicit that the home may be sold after the grant is issued, and notes risks if you attempt a sale before receiving the grant.

That said, there are important scenarios where the property can move faster.

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The most common real estate scenarios (Alberta)

Scenario A: The home was owned as joint tenants (very common for spouses)

This is often the simplest path.

Kahane Law notes that when property is jointly owned, it can transfer to the surviving owner and may not require probate for the transfer, often handled via an affidavit of surviving joint tenant.

What that means in real life:

• Once the survivor is the sole registered owner, they can usually sell like a normal sale (your real estate lawyer will confirm the steps).

• A realtor can be brought in early because the authority is clear once title is handled.

Scenario B: The home was owned as tenants in common

This is more complex. Kahane Law notes that selling property owned as tenant in common typically requires probate or administration before it can be sold.

Practical note: This is where timelines can stretch, so you want legal advice early and a plan to protect and maintain the property.

Scenario C: The estate needs to sell the home quickly to stop carrying costs

Executors have a duty to protect estate assets, and real estate can be expensive to hold: insurance, utilities, mortgage, condo fees, winter maintenance.

In these situations, ask a probate lawyer about a limited grant of probate for the sale of the home. Kahane Law describes limited grants as a tool that can allow legal authority to sell specific assets in weeks rather than waiting months for the full grant.

Scenario D: The property is being inherited, and heirs disagree (sell vs keep)

This is where process matters:

• Do not list a property “because someone said it’s fine.”

• Get the grant, confirm who has authority, and then make decisions with clean documentation.

• If conflict is likely, get legal advice early before emotions turn into expensive letters.

Scenario E: There is a risk the will is challenged

If there are concerns about validity, undue influence, technical flaws, or dependant support, move carefully. Kantor LLP notes specific grounds and that challenges must generally be brought within a set time period after the grant (they cite six months).

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When to get a realtor involved (and why)

Bring a realtor in early for planning, but be careful about authority

A good estate-experienced realtor can help early with:

• A market value opinion (useful for executor decisions and planning)

• A “protect the asset” checklist: insurance conversations, winterization, ventilation, security

• Guidance on timing: selling as-is vs light refresh vs full prep

• Coordinating trades, cleanout, staging, photography, and showings once permitted

When you can actually list

Kahane Law notes that until the surrogate court grants probate/administration, there can be no legal right to list for sale, and there are risks selling before the grant.

Simple rule that keeps you safe:

• If the surviving spouse becomes sole owner (joint tenancy): you can usually proceed once your real estate lawyer confirms title steps.

• If the home is an estate asset: plan early, but list after authority is confirmed (full grant or limited grant, depending on legal advice).

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Planning ahead: how do I plan for probate while everyone is healthy?

From the Edward Jones perspective, Canadians often explore probate planning to reduce fees and make transfers smoother, but strategies should be considered carefully as part of an estate plan.

In Alberta, because court fees are low and capped, “planning for probate” is often less about avoiding the $525 fee and more about:

• reducing delays

• preventing conflict

• making it easy for your executor to act

High impact planning moves:

• keep your will current and properly executed

• confirm executor choice and name an alternate

• ensure account beneficiary designations are reviewed

• keep a simple “estate folder” (assets, debts, insurance, key contacts, property info)

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A calm “what to do this week” checklist

If you are the spouse or adult child trying to steady the ship:

1. Secure the home (insurance, winter care, security). Real estate is an asset that must be protected.

2. Confirm title type: joint tenants vs tenants in common.

3. Locate will or confirm no will (choose the correct path).

4. Book a consult with a probate lawyer (especially if real estate is involved).

5. Bring in a realtor for valuation and a property plan (listing timing depends on authority).

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If you want, I can also turn this into a polished, client-facing PDF-style handout with your branding, plus a one-page “estate home sale roadmap” that clearly shows: who does what, when, and why.

Absolutely. Below is a RARE Group–branded guide written with a gentle, steady tone. It is designed to offer direction, not legal advice, and to help families feel less alone when everything feels heavy. This is written so it can live as a blog post, PDF guide, or client handout.

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A Gentle Guide Forward

Navigating Probate and Real Estate After the Loss of a Loved One

A RARE Group resource for Alberta families

Losing a spouse, a parent, or a loved one changes everything.
Even when a passing is expected, the weight of grief mixed with responsibility can feel overwhelming. Decisions arrive before you feel ready. Paperwork shows up when your heart is already full.

This guide was created to offer calm direction, not pressure.

At RARE Group, we are not lawyers and we do not provide legal advice. What we do offer is guidance, clarity, and compassionate support around the real estate side of this journey, while helping you understand who to speak with, when, and why.

You do not need to have all the answers today. You just need a place to start.

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First and foremost: a gentle note

If you are reading this in the early days of loss, please know this
There is no “right” pace.
There is no perfect order.
And there is no expectation to do everything at once.

This guide is here so you can come back to it when you are ready.

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Where to start: two possible paths

Almost every estate situation begins with one of these two realities.

1. There is a will

If your loved one left a will, it usually names a personal representative or executor. This is the person legally responsible for handling the estate, including decisions around the home.

Early steps often include:

• locating the original will

• identifying who has authority to act

• gathering basic information about assets, including real estate

Even with a will, many estates still require probate, which is the court process that confirms the executor’s authority.

2. There is no will

When there is no will, the estate follows Alberta’s intestacy rules. A court appointment is usually required before anyone can legally sell or transfer property.

This path can feel more uncertain, which is why early legal guidance is especially important.

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What is probate, in simple terms?

Probate is the legal process that confirms who has the authority to act on behalf of the estate.

From a real estate perspective, probate (or a related court grant) is often required before:

• listing a property for sale

• completing a sale

• transferring ownership

Every situation is different, and timing matters. This is where the right professionals make things feel far less daunting.

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The professionals who can support you

You do not have to navigate this alone, and you do not need to hire everyone at once.

Here is a gentle overview of who may be involved and how they help.

Probate or estate lawyer

A probate lawyer guides the legal process, applies for the court grant, and helps ensure everything is handled properly. This is often the first professional to contact, especially when real estate is involved.

Real estate lawyer

A real estate lawyer handles the legal transfer or sale of the property once authority is confirmed. Some law firms offer both probate and real estate services, while others separate the two.

Probate support services or coaches

Some families choose probate support services to help with paperwork, organization, and step-by-step guidance alongside legal counsel.

Accountant

An accountant may assist with final tax filings and estate-related tax considerations.

Realtor experienced in estate sales

This is where RARE Group comes in.

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When does a realtor get involved?

We can be involved earlier than many people realize, even before a home is listed.

At RARE Group, we often help families by:

• providing a calm, pressure-free market opinion of value

• helping you understand timing options, without rushing decisions

• advising on how to protect and maintain a vacant home

• explaining what can wait and what should not

• coordinating preparation when and only when it makes sense legally

Actual listing and sale timing depends on legal authority, but planning early often reduces stress later.

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Selling a home during probate or estate administration

Every estate is unique, but common scenarios include:

• a surviving spouse who may already own the home jointly

• an estate where the property must be sold to distribute assets

• adult children navigating the sale of a parent’s home

• families deciding whether to sell now or later

Our role is to help you understand your options, communicate clearly with your legal team, and ensure the home is handled with care and respect.

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A compassionate note about the home itself

A home holds memories. Letting go can feel emotional, even when the decision is clear.

When the time is right, we are always happy to:

• share gentle decluttering guidance

• help prioritize what truly matters versus what can wait

• connect you with trusted professionals for clean-out, organizing, or preparation

• create a plan that feels manageable, not overwhelming

There is no expectation that everything be perfect. The goal is progress that feels respectful to your family and your energy.

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Our promise to you

This guide is not about legal instruction.
It is about direction, clarity, and kindness.

At RARE Group, we see our role as steady support during one of life’s hardest chapters. Whether you are ready to act now or simply gathering information for later, we are here to walk beside you, answer questions, and help you take the next step when you are ready.

If you would like help understanding the real estate side of your situation, or if you simply want a conversation without pressure, we are always here.

RAREGroup.ca | We’re ALL in!